Act No. 362 / 2022 Coll.
Law on the entry and import of certain cultural goods into the customs territory of the European Union and amending certain related laws
Valid
Law
Effective from 15.12.2022
362
THE LAW
of 3 November 2022
on the entry and import of certain cultural goods into the customs territory of the European Union and amending certain related laws
Parliament has decided on this law of the Czech Republic:
ACCESS AND IMPORTATION OF CERTAIN CULTURAL STATUS IN THE CUSTOMS TERRITORY OF THE EUROPEAN UNION
Subject matter
This law provides for further conditions for the entry and import of cultural goods into the customs territory of the European Union for the purpose of maintaining them and the procedure for returning cultural goods which have left the territory of the country in which they were created or discovered in breach of the legislation of that country.
Definition of terms
For the purposes of this Act:
(a) a cultural object which is relevant for archaeology, prehistory, history, literature, art or science and is listed in Part A of the Annex to the directly applicable European Union Regulation on the entry and import of cultural goods (1);
(b) a specially protected cultural object which is a cultural object referred to in (a) and is listed in Part B of the Annex to the directly applicable European Union Regulation on the entry and import of cultural goods (1);
(c) a protected cultural object which is the cultural object referred to in (a) and is listed in Part C of the Annex to the directly applicable European Union Regulation on the entry and import of cultural goods (1);
(d) the country of origin of the State in whose territory the cultural good has been created or discovered and whose territory is not part of the customs territory of the European Union;
(e) a professional organisation of a state contribution organisation listed in the Annex to this Act;
(f) depository premises of a professional organisation intended for the safe storage of specially protected cultural goods and protected cultural goods.
Government authorities
(1) The Ministry of Culture (hereinafter referred to as the Ministry) is the competent authority which exercises jurisdiction under the directly applicable European Union Regulation on the entry and import of cultural goods (1) and under this Act and is the focal point and performs other tasks under the directly applicable European Union Regulation implementing the Regulation on the entry and import of cultural goods (4).
(2) The customs office shall exercise the responsibility of the customs authority in accordance with the directly applicable European Union rules on the entry and import of cultural goods (1).
Import licences and importer declaration
(1) Imports of specially protected cultural goods or protected cultural goods are permitted provided that the conditions laid down in the directly applicable provisions of the European Union3 are met.
(2) The directly applicable European Union3 provides in which cases the holder of a specially protected cultural good shall apply to the Ministry for the issue of an import licence and the conditions for the granting of an import licence.
(3) The electronic import licence registered in the centralised electronic system for the import of cultural goods referred to in Article 8 of the directly applicable European Union Regulation on the entry and import of cultural goods (1) does not contain any justification and instruction on the appeal. An applicant for an electronic import licence shall be notified only through a centralised electronic system for the import of cultural goods.
(4) The directly applicable provisions of the European Union3) provides in which cases the holder of a protected cultural good shall submit the declaration of the importer and the particulars of the declaration of the importer.
(5) Where the Ministry requests the expression of an expert organisation when issuing an import licence, it shall be provided by that organisation in the Ministry with a time limit which shall be proportionate to the nature of the specially protected cultural object.
Safe deposit
The professional organisations shall exercise the responsibility of the repository operator in accordance with the directly applicable European Union Regulation implementing the Regulation on the entry and import of cultural goods (4).
Entry and import of cultural goods into the customs territory of the European Union
(1) Those who import or participate in the entry of a cultural good from the country of origin into the customs territory of the European Union shall be required to submit to the customs office an export authorisation for a cultural good issued by the authority of the country of origin or a confirmation by the authority of the country of origin of the fact that no export authorisation is required for the cultural good in question and other documents proving that the export of the cultural good has taken place in accordance with the legislation of the country of origin ("export documentation ').
(2) Those who import a cultural good from the country of origin to the customs territory of the European Union shall submit to the customs office an import licence in accordance with Article 3a (2), if it is for the import of a specially protected cultural good, or the importer's declaration in accordance with Article 3a (4), if it is for the import of a protected cultural good, hereinafter referred to as "the import documentation ', at the time when the customs declaration is lodged. The obligation to submit import documentation shall also be deemed to be fulfilled if it is available to the customs office in the centralised electronic system for the import of cultural goods referred to in Article 8 of the directly applicable European Union Regulation on the entry and import of cultural goods (1).
Object retention
(1) The customs office shall retain an object which has entered the customs territory of the European Union where it is reasonably suspected that a cultural good has been introduced and the entry into the customs territory of the European Union has been infringed by the directly applicable European Union provisions on the entry and import of cultural goods (1) or by this law. The customs office shall also withhold the article if it has reasonable doubts as to its origin, whether it complies with the legislation of the country of origin or whether the export or import documents submitted pursuant to Article 4 are authentic or valid. The customs office shall retain the object, including the export and import documents and the documents provided with the declaration.
(2) The customs office shall notify the Ministry without delay of the detention of the object, indicating, if known,
(a) identification of the person who has been detained;
(b) identification details of the holder of the detained object;
(c) identification details of the owner of the object retained;
(d) the intended or indicated country of origin of the article seized;
(e) the date of entry of the article into the customs territory of the European Union and the date and place of detention of the article; and
(f) the date on which the deadline for the communication of the customs debt pursuant to the directly applicable European Union law laying down the Union Customs Code (2) expires.
(3) The customs office shall, at the same time as the notification referred to in paragraph 2, send to the Ministry a description and photo-documenting of the object retained and a copy of the export and import documents, the customs declaration and the documents provided with the declaration. The transmission of a copy of the import documentation is not necessary where it is made available to the Ministry in a centralised electronic system for the import of cultural goods pursuant to Article 8 of the directly applicable European Union Regulation on the entry and import of cultural goods (1).
(4) Where the customs office is aware of any other obstacle to the release of the item in question under the proposed customs procedure, the customs office shall notify the Ministry at the same time as the notification referred to in paragraph 2.
(5) The provision of data and supporting documents pursuant to paragraphs 2 to 4 to the Ministry does not constitute a breach of the obligation of secrecy under the tax rules.
Procedure after detention
(1) The Ministry shall, within five working days of receipt of the notification and supporting documents referred to in Article 5 (2) and (3), examine provisionally the reasons for the detention of the article by the customs office, taking into account the nature of the article and the possible infringement of the directly applicable European Union rules on the entry and importation of cultural goods (1) and inform the customs office that:
(a) the object retained may be returned; or
(b) the detention of the article continues and the customs office is to forward it to the Ministry.
(2) Prior to the notification referred to in paragraph 1 (b), the Ministry shall designate and inform the professional organisation for which the object retained shall be kept for the period necessary and shall set a time limit for its taking-over into custody. This period shall not exceed 10 working days from receipt of the notification and supporting documents referred to in Article 5 (2) and (3) by the Ministry.
(3) The designation of the expert organisation to which the object retained will be kept and the period within which that expert organisation will take it from the customs office to the customs office of storage shall be communicated by the Ministry to the customs office at the same time as the communication referred to in paragraph 1 (b).
(4) The transmission of the subject-matter to the Ministry, including the import and export documents withheld and the documents provided with the declaration to the expert organisation, shall be deemed to be the transmission to the Ministry.
(5) The seized item shall be stored in accordance with the conditions laid down in the directly applicable European Union Regulation laying down the Union Customs Code (2) for goods placed under the customs warehousing procedure.
(6) The detention of the subject shall continue until the date on which:
(a) the customs office shall receive the notification referred to in paragraph 1 (a);
(b) the time limit for communication referred to in paragraph 1 shall expire in vain;
(c) the time limit for taking possession of the item in question into custody in accordance with paragraph 2 shall expire in vain;
(d) the customs office receives the notification referred to in Article 7 (3) (a); or
(e) obtain legal authority over a decision to confiscate an object detained.
Assessment of the object retained
(1) Within 30 working days of the receipt of the seized item into custody, the expert organisation shall forward to the Ministry a report indicating whether it is a cultural object and what the country of its origin is and, where appropriate, the fact that the detained item is on an indicative list of endangered monuments or registered as stolen in international registers. Where a cultural good is concerned, the expert organisation shall indicate in the report whether it is a specially protected cultural good or a protected cultural good.
(2) The provision of data and supporting documents pursuant to Article 5 (2) to (4) to the professional organisation does not constitute a breach of the obligation of secrecy under the tax rules.
(3) The Ministry within 40 working days of taking over the detained subject by the professional organisation to the custody
(a) inform the customs office that the entry into the customs territory of the European Union of the seized item has not been infringed directly by the applicable European Union provisions on the entry and import of cultural goods (1); or
(b) issue a decision to confiscate the subject being detained.
Return of the object detained
(1) If, within 10 working days of receipt of a notification from the Ministry pursuant to Article 7 (3) (a), the customs office has not notified that there is another obstacle to the release of the item in question into the proposed customs procedure, the Ministry shall return the item retained, the export and import documents retained and the documents submitted with the declaration through the expert organisation to which it is kept to the owner and, if not known, to the person who was detained.
(2) Where there is an obstacle to the release of the item in question for the proposed customs procedure, the Ministry shall forward the item in question, the export and import documents retained and the documents provided with the declaration to the customs office by means of the expert organisation with which it is kept. Similarly, the Ministry shall proceed if, in accordance with the procedure referred to in paragraph 1, the detention of the item is not successful in returning the item to the owner or the person who was detained.
Detention and return procedure
The Customs Office and the Ministry shall proceed in accordance with the Act governing the Customs Administration of the Czech Republic when the article is detained and returned.
Confiscation of a detained object
(1) The Ministry shall decide to confiscate the subject being seized if the object is a cultural object and has left the territory of the country of origin in breach of its legislation.
(2) If the Ministry is aware of the situation of a case of which there are no reasonable doubts, to the extent necessary for a decision to be taken, the decision to confiscate the subject of the detention may be the first act in the proceedings.
(3) The Ministry shall inform the customs office without delay that the decision to confiscate the object seized has acquired legal authority.
(4) In the event that a final decision has been taken to confiscate the subject in question, the Ministry shall decide on the obligation to pay the costs of taking over and the safekeeping of the object in question, which have arisen since its taking over by the professional organisations until the date on which the decision on its confiscation takes effect, and shall determine the amount thereof. The costs of the Ministry and the professional organisation which have been incurred in connection with the takeover and storage of the subject being detained shall be reimbursed to the Ministry by the person to whom the object has been detained.
(5) In the event that a final decision has been taken to confiscate the subject in accordance with the law governing the Customs Administration of the Czech Republic, the customs office shall, in accordance with the procedure laid down in the law governing the customs administration of the Czech Republic, decide on the obligation to pay the costs of the detention of the article which have arisen since its detention until its acceptance by the professional organisations into custody, and shall determine its amount. The reimbursement of these costs shall be paid to the customs office by the person to whom the article has been detained.
Management with confiscated cultural goods
(1) The Czech Republic is the owner of the confiscated cultural property. Management with this cultural property is the responsibility of the Ministry in accordance with the Act on the Property of the Czech Republic and its performance in legal relations.
(2) For the duration of the ownership right of the Czech Republic to a confiscated cultural property, the Ministry maintains this cultural property in its operational records according to the Act on the property of the Czech Republic and its appearance in legal relations and, at the same time, its responsibility to manage the confiscated cultural property and the preservation of this cultural property with a professional organisation. Paragraph 15 (4) of the Second Act on the assets of the Czech Republic and its representation in legal relations does not apply.
(3) The Ministry will negotiate under the Czech Republic an agreement with the country of origin to issue a confiscated cultural property. The agreement must show that the seized cultural property has left the territory of the country of origin in breach of its legislation. The release of confiscated cultural goods to the country of origin in accordance with the Agreement shall be provided by the professional organisation to which it is kept. The purpose of the agreement on the issue of the confiscated cultural property is to cease ownership of the Czech Republic to this cultural property.
(4) The confiscated cultural goods shall be handled until the country of origin has been issued in accordance with the conditions laid down in the directly applicable European Union Regulation laying down the Union Customs Code (2) for goods placed under the customs warehousing procedure. The cost of the preservation of the confiscated cultural property shall be reimbursed by the Ministry.
Infringement
(1) The owner, holder or person involved in the entry of a cultural good into the customs territory of the European Union shall commit an offence by importing or participating in the entry of a cultural good from the country of origin into the customs territory of the European Union contrary to the directly applicable European Union rules on the entry and import of cultural goods (1).
(2) A fine of up to 15 000 000 CZK may be imposed for the offence referred to in paragraph 1.
An offence under this law is dealt with by the Ministry.
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Article 8 of Act No. 2 / 1969 Coll., on the establishment of ministries and other central bodies of the Czech Government, as amended by Act No. 60 / 1988 Coll., Act No. 173 / 1989 Coll., Legislative measure of the Bureau of the Czech National Council No. 9 / 1990 Coll., Act No. 103 / 1992 Coll., Act No. 239 / 1992 Coll. and Act No. 272 / 1996 Coll., the words "cultural goods," shall be inserted after the word "activity."
Amendment of the Act on the assets of the Czech Republic and its presentation in legal relations
In Article 11 of Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its acts in legal relations, as amended by Act No. 202 / 2002 Coll., Act No. 354 / 2003 Coll., Act No. 217 / 2005 Coll., Act No. 359 / 2005 Coll., Act No. 22 / 2006 Coll., Act No. 274 / 2008 Coll., Act No. 457 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 407 / 2012 Coll., Act No. 86 / 2015 Coll., Act No. 51 / 2016 Coll., Act No. 264 / 2016 Coll., Act No. 65 / 2017 Coll. and Act No. 225 / 2022 Sb., at the end of paragraph 1 comma is replaced by Point (f), which reads:
"(f) with cultural goods which have been owned by the State under the Act on the entry and import of certain cultural goods into the customs territory of the European Union, the Ministry of Culture shall be responsible."
EFFECTIVE
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
Annex to Act No 362 / 2022 Coll.
Professional organisations
National Museum
National Gallery in Prague
Museum of Arts in Prague
National Technical Museum
National Library of the Czech Republic
National Heritage Institute
Moravian Museum
Silesian Museum
1) Regulation (EU) 2019 / 880 of the European Parliament and of the Council of 17 April 2019 on the entry and import of cultural goods.
(2) Regulation (EU) No 952 / 2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, as amended.
(3) Regulation (EU) 2019 / 880 of the European Parliament and of the Council of 17 April 2019 on the entry and import of cultural goods. Commission Implementing Regulation (EU) 2016 / 1079 of 24 June 2021 laying down detailed rules for the application of certain provisions of Regulation (EU) 2019 / 880 of the European Parliament and of the Council on the entry and import of cultural goods.
(4) Commission Implementing Regulation (EU) 2021 / 1079 of 24 June 2021 laying down detailed rules for the application of certain provisions of Regulation (EU) 2019 / 880 of the European Parliament and of the Council on the entry and import of cultural goods.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 362 / 2022 Coll., on the entry and import of certain cultural goods into the customs territory of the European Union and amending certain related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.11.2022 |
|---|---|
| Effective from | 15.12.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 150
Public Contracts 1
Smlouva o výpůjčce - Reagencie pro hematologické analyzátory
Úrazová nemocnice v Brně
SYSMEX CZ s.r.o.
17.07.2025
Notifications
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0